Noe v. McFadden

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6639

PAUL H. NOE,

Plaintiff - Appellant,

v.

R. L. MCFADDEN; PATRICIA R. STANSBERRY, Warden; WADE NOBLES; S. HAYWOOD; KIM WHITE; CORRECTIONAL OFFICER COE; NURSE CHAPMAN; DOCTOR PHILIP; COUNSELOR FORD; LIEUTENANT DODSON,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:06-ct-03139-D)

Submitted: July 31, 2008 Decided: August 11, 2008

Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Paul H. Noe, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Paul H. Noe seeks to appeal the district court’s order

dismissing some, but not all, of his claims raised in his complaint

filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau

of Narcotics, 403 U.S. 388 (1971). This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and

certain interlocutory and collateral orders, 28 U.S.C. § 1292

(2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The order Noe seeks to appeal is

neither a final order nor an appealable interlocutory or collateral

order. Accordingly, we dismiss the appeal for lack of

jurisdiction. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED

- 2 -